criminal judgement
(2006) Sui Yi Zi No.426
The public prosecution organ is the People's Procuratorate of Guangzhou City, Guangdong Province.
Defendant Li Ruili, male,1born on June 5, 1964, Zhuang nationality, born in Nanning, Guangxi Zhuang Autonomous Region, with junior high school education, lives atNo.1/kloc-0, Wang Zhu Village, Wutang Town, Xingning District, Nanning, Guangxi Zhuang Autonomous Region. He was criminally detained on July 6, 2006 for this case, and was arrested on August 8, 2006. Now he is detained in Guangzhou No.3 Detention Center.
Entrusted defender Mei, lawyer of Guangdong People's Times Law Firm.
Guangzhou People's Procuratorate of Guangdong Province accused the defendant Li Ruili of the crime of transporting drugs with Suiv (2006) No.439 indictment, and filed a public prosecution with our hospital on June 27, 2006. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. Guangzhou Municipal People's Procuratorate appointed prosecutor Hou Xiangdong to appear in court to support the public prosecution. Defendant Li Ruili and his appointed defender Mei attended the lawsuit, and the trial has ended.
The People's Procuratorate of Guangzhou City, Guangdong Province accused that on the evening of July 15, 2006, the defendant Li Ruili was instructed by others to take the MU5739 flight from Kunming City, Yunnan Province and arrived at Guangzhou Baiyun Airport at 0: 00 the next day. It was seized by public security personnel, and 47 white cylindrical objects with a net weight of 4065438 were seized from its black suitcase on the spot. On the same day, the defendant Li Ruili discharged *** 14 white columnar substance from his body twice, and the net weight was identified as119.5g, and heroin was detected, with the content of 94.8%. After the incident, the public security organs seized the above-mentioned white cylindrical object ***6 1 capsule with a net weight of ***520. 7 grams, all detected heroin ingredients.
In order to prove the above facts, the public prosecutor produced or read out the criminal case acceptance registration form, the arrest process, the description of the situation, the summons list, the seizure list, the expert conclusion, the defendant's confession and other evidence during the trial. The public prosecution agency believes that the defendant Li Ruili's behavior violated the provisions of Item (1) of Paragraph 2 of Article 347 of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of transporting drugs, and hereby requests our court to sentence him according to law.
Defendant Li Ruili argued in court that she was forced to transport drugs because she owed money to others. His defender argued: first, the defendant Li Ruili in this case failed to successfully hand over the drugs to the next hand, and his behavior was an attempted crime; 2. Defendant Li Ruili is a first-time offender; 3. Defendant Li Ruili was instructed by others to transport drugs and was an accessory; Four, there may be special circumstances in this case, please verify the court.
It was found through trial that on the evening of July 15, 2006, the defendant Li Ruili was instructed by others to take MU5739 flight from Kunming, Yunnan Province, and arrived at Guangzhou Baiyun Airport at 0: 00 the next morning, and was immediately seized by public security personnel. On the spot, 47 white cylindrical objects with a net weight of 4065438+ were seized from their black suitcases. On that day, the defendant Li Ruili discharged *** 14 white column from his body twice, and the net weight was identified as119.5g, and the heroin content was 94.8%. To sum up, the public security organs seized heroin 6 1 with a net weight of 520. Seven grams.
The above facts were confirmed by the public prosecution in the trial, and the following evidence was confirmed by the cross-examination of both the prosecution and the defense:
1. accepted the criminal case registration form and confirmed that the source of the case was found through investigation. The unit receiving the police was the No.1 Brigade of Drug Crime Investigation Detachment of Guangzhou Public Security Bureau, and the time of receiving the police was July, 2006 15.
2. After being arrested, it was confirmed that the defendant Li Ruili was arrested and the case was solved.
3. The medical records and fluoroscopy application form of guangzhou civil aviation Hospital confirmed that at 2 o'clock on July 16, 2006, Li Ruili performed abdominal fluoroscopy in the hospital and found many long foreign bodies in the abdomen. After enema, 10 cylindrical objects of different sizes wrapped in red condoms were discharged and handed over to the staff of Guangzhou Public Security Bureau.
4. The statement issued by Guangzhou No.3 Detention Center confirmed that Li Ruili, the defendant who was sent to the detention center on July 6, 2006, excreted four red articles the size of a thumb from his body around noon that day and handed them over to the No.1 Brigade of the Drug Investigation Detachment of Guangzhou Public Security Bureau. At the same time, with the defendant Li Ruili, six prisoners in the prison witnessed it.
5. Obtain the evidence notice, report form and call list, with the confirmation number of1379818 * * (Xiao Chen) from July 2, 2006 to July 6,13622.
The data extracted from Li Ruili's 1362886 * * * mobile phone confirmed that the mobile phone did not receive an incoming call at 3: 00 on July1379818 * * (the number of the receiver "Xiao Chen") and
6. Two copies of the list of seized articles, which prove that 57 pieces of white cylindrical articles and birdie mobile phone 1 department of the defendant Li Ruili were seized; Red condom packages 4 cylindrical objects.
7. A ticket of Li Ruili was seized, which was identified by the defendant Li Ruili and signed as the ticket of flight MU5739 from Kunming to Guangzhou at 2 1: 45 on July 5, 2006.
8. The photo of the scene was identified by the defendant Li Ruili, whose signature was the place where the public security personnel captured it at 0: 00 on July 16, 2006.
9. The seized suitcase was identified by the defendant Li Ruili, who confessed that it was a black suitcase that he took back to Guangzhou on flight MU5739 from Kunming on July 15, 2006. After returning to Guangzhou, he was arrested by the public security organs. White heroin and red condoms wrapped in black plastic bags were found in the suitcase.
The seized photos of 10 and 6 1 heroin wrapped in condoms were identified by the defendant Li Ruili.
1 1. The photos of the seized mobile phone and calling card were identified by the defendant Li Ruili, and his confession was the phone he used. He used this phone to contact "Big Sister" and "Xiao Chen" in order to transport and hand over heroin.
12, Guangzhou Public Security Bureau issued a criminal laboratory inspection report (No.103 1), with 47 white cylindrical objects with a net weight of 40 1. 2 grams, heroin was detected, the content was 95.8%; 2) White cylinder 14, net weight 1 19. 5 grams, heroin was detected, the content was 94. 8%。
13. Defendant Li Ruili confessed that she took a train from Nanning to Kunming, Yunnan, and went to Ruili, Yunnan to gamble on July 2, 2006. After losing money on July 8, she called the usurer to borrow money. She said that if she had no money to borrow, she could help her make money with drugs and let her bring heroin back to Guangzhou in July 15. On July 15, she sneaked into Myanmar from Ruili, Yunnan, looking for "Big Sister". "Big Sister" gave her 6 1 white heroin wrapped in a red condom to swallow, and said that someone had received the goods in Guangzhou. After swallowing drugs, she returned to Ruili, Yunnan Province, where she took a bus to mangshi and flew from mangshi to Kunming. During this period, "Big Sister" called her mobile phone at1398826 * *, asking her to give it to the person who received the goods in Guangzhou. The phone number is1379818 * *. After eating eight-treasure porridge in the waiting hall, he pulled out 47 heroin in the bathroom of the airport. He wrapped the heroin in a black plastic bag, put it in a black suitcase and took it on the plane. Arriving at Guangzhou New Baiyun Airport at 0: 00/0/0 on July 6, 2006, he was captured by public security personnel at the exit of the plane. He took heroin about 6 1 time in the toilet of Kunming airport, 47 times in guangzhou civil aviation hospital and 0/0 times in heroin. After being detained in July 16, he took heroin drugs for the last 4 times in the detention room of Guangzhou No.3 Detention Center.
We believe that the defendant Li Ruili ignored the national laws and transported heroin in large quantities, which has constituted the crime of transporting drugs. The facts accused by the public prosecution agency are clear, the evidence is sufficient and the charges are established, which should be supported. As for the defendant Li Ruili's excuse of transporting drugs due to debt coercion, after investigation, it was found that he transported drugs in order to make money after the investigation organ confessed that he lost money in gambling, but the coerced excuse was not supported by evidence and was not accepted by our court. Regarding the defender's opinion that Li Ruili attempted to commit a crime, after investigation, Li Ruili, the defendant in this case, carried out the act of transporting drugs from Yunnan to this city. The crime of transporting drugs belongs to behavioral crime, and the constituent elements of the crime of transporting drugs stipulated in his completed criminal law belong to accomplished; Regarding the opinion that Li is an accomplice, after investigation, Li Ruili, the defendant in this case, personally carried out the transportation behavior in order to make high profits for himself, which played a major role in the transportation process, and his behavior did not meet the legal provisions of accomplice; The opinion that there are special incentives in this case is not supported by corresponding evidence, so it is not supported. In accordance with the provisions of Item (1) of Paragraph 2 of Article 347, Paragraph 1 of Article 57 and Article 64 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant Li Ruili was convicted of drug trafficking, sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property.
Two. Seized heroin 520. 7 grams, confiscated and destroyed; The tool of the crime, Bird brand mobile phone, was confiscated and turned over to the state treasury (executed by Guangzhou Public Security Bureau).
If you refuse to accept this judgment, you can appeal to the Guangdong Higher People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.